What is the test for a private individual to claim damages from a public nuisance?

MultiRegion, United States of America

The following excerpt is from Pub. Watchdogs v. S. Cal. Edison Co., Case No.: 19-CV-1635 JLS (MSB) (S.D. Cal. 2019):

Under California law, "a private individual . . . does not have a cause of action on account of a public nuisance unless he alleges facts showing special injury to himself in person or property of a character different in kind from that suffered by the general public." Brown v. Petrolane, Inc., 102 Cal. App. 3d 720, 725 (1980) (emphasis in original) (collecting cases). "Under this rule[,] the requirement is that the plaintiff's damage be different in kind, rather than in degree, from that shared by the general public." Id. (collecting cases).

Other Questions


What is the test for standing to assert a claim of public trust under the Public Trust doctrine? (MultiRegion, United States of America)
What is the burden of proving that there is no evidence of a hostile fire in a claim for damages under a policy that excludes from the general exclusion of damage caused by pollution? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the standard of review for a claim for damages under a contract where damages were reasonably foreseeable? (MultiRegion, United States of America)
Is a tribal employee of a non-profit corporation entitled to a claim for damages against an individual tribal employee? (MultiRegion, United States of America)
What is the appeal from a dismissal of claim against several defendants for alleged fraud arising from the adjudication of a claim for damages allegedly sustained by plaintiff in two industrial accidents? (MultiRegion, United States of America)
What is the difference between a claim and a claim in which damages are awarded in two separate actions? (MultiRegion, United States of America)
What are some cases in which the US Supreme Court has found that an individual has a valid claim to be entitled to sue for damages? (MultiRegion, United States of America)
Does the "intangible rights" theory of fraud under section 1346 of the Criminal Code apply to private individuals as well as public figures? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.